Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Contribution and indemnity proceedings

Legal area

Court

7 Nov 2019

CHENG KWOK HUNG SAMUAL v. POON TUNG HOI AND ANOTHER

Citation

[2019] HKDC 1384
Court

District Court
Case number

DCPI803/2017

O.62 r.34(1) requires the taxing master who made the original taxation to conduct the review; absent disclosure of the amounts of sanctioned payments or offers there was no prejudice warranting a different Master; accordingly the application to adjourn the review before another Master was refused and the review proceeded, with individual bill items allowed, reduced or disallowed according to relevance, necessity and proportionality to the straightforward liability-accepted personal injury claim.
28 Mar 2019

WONG YUNG TAI v. TOP EAGLE SECURITY MANAGEMENT LTD AND ANOTHER

Citation

[2019] HKDC 408
Court

District Court
Case number

DCPI126/2013

The court refused to award indemnity costs for the entire action but found the plaintiff consciously concealed her resumption of work from March 2017 onwards, conduct sufficiently serious to take the case out of the norm; accordingly the plaintiff must pay the 2nd defendant's costs on a party‑and‑party basis up to 1 March 2017 and on an indemnity basis from 1 March 2017 to discontinuance, and must pay the 2nd defendant's costs of the contribution and indemnity proceedings on a party‑and‑party basis.